Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 4
99 William Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2017 Armstrong Legal. All rights reserved.

Phone 1300 168 676

How Do I Check My Demerit Point Balance?

You can check your demerit point balance in one of three (3) ways:-

  1. Online, through the RMS website;
  2. By requesting a copy of your Traffic Record; or
  3. By attending a Service NSW branch.

That’s the easy part. Interpreting the contents of the Traffic Record you have just received is often a much bigger hurdle.

Your allocated demerit point threshold will depend on the type of licence that you hold. If you have a Provisional 1 (Red Ps) Licence you have 4 points; a Provisional 2 (Green Ps) Licence has 7 points; an Unrestricted (Black) Licence has 13 points. If you are someone who is required to drive for work then you may make an application to the RMS to be declared a professional driver. If this application is accepted, you will have 14 points.

If you exceed your allocated demerit points in three years your licence will be suspended for a period of time by the Roads and Maritime Service. Generally speaking, provisional licence holders will be suspended for a period of three months. This decision can be appealed to the Local Court. For full licence drivers, the length of suspension will depend on the number of demerit points you have incurred during that three year period. That suspension cannot be appealed to the Local Court. Rather, you will have the option of either serving the suspension period or electing to be on ‘good behaviour’. This option allocates you a further one point for the next twelve months. However, if you incur more than one demerit point in the next twelve months, your original suspension will be imposed and the period will be doubled.

The next thing to look at is how that three year period is calculated. It may be easier if you think of each infringement as having a running three year timer attached to them. Once three years has passed, the demerit points for that infringement will stop counting towards your demerit point total.

It is important to realise that the RMS will issue a suspension if you cross your demerit point threshold in any three year period. Many people fall into the trap of delaying payment of a ticket until the three years for an earlier ticket has passed, or until a good behaviour licence period has finished. This will not help. If the offence occurred within the three year period, this will be detected and a suspension period will arise.

If you have received a traffic infringement and are concerned that this will breach your good behaviour licence or push you over your demerit point threshold you should seek legal advice immediately. You will have the option of electing to have the matter heard in Court. If a Magistrate chooses to deal with the matter by way of a section 10 non-conviction, the demerit points will not be applied to your licence. A specialist traffic lawyer will be able to advise you on the options available to you and your prospects in Court.

Image Credit – Michael Simons ©

Written by Amanda Tsang on May 2, 2017

Having worked exclusively in criminal and traffic law, Amanda understands that those who come to Armstrong Legal do so at a difficult time. She understands that criminal offences have wide reaching consequences for all clients. As such, she is dedicated to using her knowledge and skills to obtain the best result possible in every case. View Amanda's profile

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100